Text: H.R.2079 — 106th Congress (1999-2000)All Information (Except Text)
Public Law No: 106-138 (12/07/1999)
[106th Congress Public Law 138]
[From the U.S. Government Printing Office]
Public Law 106-138
To provide for the conveyance of certain National Forest System lands in
the State of South Dakota. <<NOTE: Dec. 7, 1999 - [H.R. 2079]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Terry Peak Land Transfer Act of
1999.>> Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terry Peak Land Transfer Act of
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Certain National Forest System land located in the Black
Hills National Forest in Lawrence County, South Dakota, is
currently permitted to the Terry Peak Ski Area by the Secretary
of Agriculture pursuant to section 3 of the National Forest Ski
Area Permit Act of 1986 (16 U.S.C. 497b).
(2) The National Forest System land comprises only 10
percent of the land at the Ski Area, with the remaining 90
percent located on private land owned by the Ski Area operator.
(3) As the fractional Forest Service land holding at the Ski
Area is also encumbered by ski lifts, ski trails, a base lodge
parking lot and other privately owned improvements, it serves
little purpose in continued public ownership, and can more
logically be conveyed to the Ski Area to unify land management
and eliminate permitting and other administrative costs to the
(4) The Ski Area is interested in acquiring the land from
the United States, but the Secretary does not have
administrative authority to convey such land in a
nonsimultaneous land exchange absent specific authorization from
(5) The Black Hills National Forest contains several small
inholdings of undeveloped private land with multiple landowners
which complicate National Forest land management and which can
be acquired by the United States from willing sellers if
acquisition funds are made available to the Secretary.
(6) The proceeds from the Terry Peak conveyance can provide
a modest, but readily available and flexible, funding source for
the Secretary to acquire certain inholdings in the Black Hills
National Forest from willing sellers, and given the small and
scattered nature of such inholdings, and number of potential
sellers involved, can do so more efficiently and quickly than
through administrative land exchanges.
(7) It is, therefore, in the public interest to convey the
National Forest System land at Terry Peak to the Ski Area at
fair market value and to utilize the proceeds to acquire more
desirable lands for addition to the Black Hills National Forest
for permanent public use and enjoyment.
(b) Purpose.--It is the purpose of this Act to require the
conveyance of certain National Forest System lands at the Terry Peak Ski
Area to the Ski Area and to utilize the proceeds to acquire more
desirable lands for the United States for permanent public use and
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of
Agriculture, unless otherwise specified.
(2) The term ``selected land'' means land comprising
approximately 41.42 acres and generally depicted as Government
lots 6 and 11, section 2, township 4 north, range 2 east, Black
Hills meridian, on a map entitled ``Terry Peak Land
Conveyance'', dated March 1999.
(3) The terms ``Terry Peak Ski Area'' and ``Ski Area'' mean
the Black Hills Chairlift Company, a South Dakota Corporation,
or its successors, heirs and assigns.
SEC. 4. LAND CONVEYANCE AND MISCELLANEOUS PROVISIONS.
(a) Conveyance Required.--The Secretary of Agriculture shall convey
the selected land to the Terry Peak Ski Area at fair market value, as
determined by the Secretary.
(b) Appraisal.--The value of the selected land shall be determined
by the Secretary utilizing nationally recognized appraisal standards,
including to the extent appropriate, the Uniform Appraisal Standards For
Federal Land Acquisitions (1992), the Uniform Standards of Professional
Appraisal Practice, and other applicable law. The costs of the appraisal
shall be paid for by the Ski Area.
(c) Completion <<NOTE: Deadline.>> of Conveyance.--It is the sense
of the Congress that the conveyance to the Ski Area required by this Act
be consummated no later than 6 months after the date of the enactment of
this Act, unless the Secretary and the Ski Area mutually agree to extend
the consummation date. Prior to conveying the selected land to the Ski
Area, the Secretary shall complete standard pre-disposal analyses and
clearances pertaining to threatened and endangered species, cultural and
historic resources, wetlands and floodplains, and hazardous materials.
(d) Use of Proceeds by the Secretary.--All monies received by the
Secretary pursuant to this Act shall be considered monies received and
deposited pursuant to Public Law 90-171 (16 U.S.C. 484a; commonly known
as the Sisk Act) and shall be utilized by the Secretary to acquire
replacement land from willing sellers for addition to the Black Hills
National Forest in South Dakota. Any lands so acquired shall be added to
and administered as part of the Black Hills National Forest and, if any
such land lies outside the exterior boundaries of the Forest, the
Secretary may modify the boundary of the Forest to include such land.
Nothing in this section shall be construed to limit the authority of the
Secretary to adjust the boundaries of the Forest pursuant to section 11
of the Act of March 1, 1911 (16 U.S.C. 521; commonly known as the Weeks
(e) Conveyance Subject to Valid Existing Rights, Easements.--The
conveyance to the Ski Area required by this Act shall be subject to
valid existing rights and to existing easements, rights-of-way, utility
lines and any other right, title or interest of record on the selected
land as of the date of transfer of the selected land to the Terry Peak
Approved December 7, 1999.
LEGISLATIVE HISTORY--H.R. 2079 (S. 953):
HOUSE REPORTS: No. 106-261 (Comm. on Resources).
SENATE REPORTS: No. 106-129 accompanying S. 953 (Comm. on Energy and
CONGRESSIONAL RECORD, Vol. 145 (1999):
Sept. 21, considered and passed House.
Nov. 19, considered and passed Senate.